Krause v. Rutherford
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James Rutherford and others^ from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 19th day of March, 1902, upon the decision of the court rendered after a trial at the Delaware Trial Term, the jury having been discharged.
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Appeal by the defendants, James Rutherford and others^ from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 19th day of March, 1902, upon the decision of the court rendered after a trial at the Delaware Trial Term, the jury having been discharged. The action is upon an undertaking given by the defendant Rutherford as principal, and the defendants Wood and Smith as sureties, to procure an order of arrest of the defendants in an action brought by the appellant Rutherford against the respondent Krause and three other…
1Opinion of the Court
Chester, J.:
The defendants insist that the action was prematurely brought, .but we are precluded from examining that question, as it was •decided upon facts substantially identical with those presented here ■on the former appeal. It was there held that it was not (Krause v. Rutherford, 45 App. Div. 132), and that must stand as the law of the case until reversed.
Krause and Geldrich were the only persons arrested under the -order of arrest, and the claim is now made by the appellants that because the undertaking was for the benefit of Geldrich as well as •of Krause it cannot be enforced by…
2Cases cited1 opinion
- Krause v. RutherfordAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Awad v. Universal Coconut Corp.New York Supreme Court · 1962